Advice from a Judge (Part 2)

A Family Court Judge talks about effective
preparation for court -- and how to achieve results in court by utilizing all available
resources.

By Hon. Kathleen M. McCarthy

Recently, I presided over a trial where the sole issue for
my consideration was spousal support. Under Michigan law, which I imagine is similar
to case law in other states, I am obligated to consider and announce findings of fact and
conclusions of law on the following factors:

the past relations and conduct of the parties,

the length of the marriage,

the abilities of the parties to work,

the source and amount of property awarded to the parties,

the parties' ages,

the abilities of the parties to pay support,

the present situation of the parties,

the needs of the parties,

the parties' health,

the prior standard of living of the parties and whether either is responsible for the
support of others,

contributions of the parties to the joint estate, and

general principles of equity.

Additionally, some courts may consider a party's fault in causing the divorce.

I had requested trial briefs analyzing the parties' respective financial and legal
positions relative to the 12 factors. What I received were perfunctory briefs that
outlined basic facts and provided minimal financial information. The proofs at trial
were equally empty and perfunctory. I was left, as always, to make my decision upon
what I had before me. What was lacking was a great deal of "non-legal"
information I would have liked to have had from other disciplines. In this matter,
testimony from a CDP would have helped me to make a more sound and expert decision.
Also, it would have enlightened and educated the parties as to the long-term impact of
their financial futures.

Flash back to my law-school days. What did my trial practice professor overlook?
That spoon-feeding should include more than just meat and potatoes. Trial
lawyers should not overlook "dessert": spoon-feeding your judge with
non-traditional offerings -such as financial planning, economic assumptions, tax
consequences, and actuarial projections -- will surely sweeten the result.

Going to court: a judge's tips

Be clear as to your objectives. Present your issues in court with a
proposed resolution. Use your own creativity instead of leaving that solely to the
judge. Bring in all documents that support the facts and your theory.

Be civil and professional. Lawyers and litigants should address their
remarks to the court -- not to each other -- and confine these remarks to the issues at
hand. Engaging in personal attacks on opposing counsel and litigants is
unprofessional and discouraged.

Respect everybody's time. Punctuality is important, and courtesy is
important, too. If you're going to be late, advise opposing counsel and the court.

Dress appropriately. Your attire and person should be neat, clean, and
professional: as though you're going for a job interview. This isn't a Saturday
night date or an afternoon at the gym. You are in a court room, and your appearance
should demonstrate respect.

Know the Rules of Procedure. Local or general court rules are the oil that
keeps the engine running. Procedural faux pas get in the way of efficient
administration of justice.

The Honorable Kathleen M. McCarthy serves in the Family Division of the Wayne County
Circuit Court. As a mother, stepmother, and practicing attorney specializing in
family law prior to taking the Bench, she has firsthand experience regarding the
difficulties affecting blended and divorcing families. Judge McCarthy is the current
president of the Dearborn Bar Association and a recent recipient of the "Judge of the
Year Award" presented by DADS of Michigan, and MOMS for DADS for her commitment
towards ensuring that children have frequent access to both parents when appropriate.
For more information about Certified Divorce Planners, call (800) 875-1750, or
visit their website at www.InstituteCDP.com.